© BSC Group 2007

Step 1: Delineate– PWS or Environmental Scientist

Step 2: GPS Locate or Survey– Sub-meter accuracy

Step 3: Submit Plat Map to ACOE– Signed by a Professional

Land Surveyor (PLS)

How do I know if I have jurisdictional areas?How do I know if I have jurisdictional areas?

© BSC Group 2007

How do I know if I have jurisdictional areas?How do I know if I have jurisdictional areas?

Step 4: Verify – ACOE wetlands & streams– NC DWQ “buffer calls”

Step 5: Receive Jurisdictional Determination (JD)– Valid for 5 years– Current delay due to significant

backlog.

© BSC Group 2007

Wetland-Stream Permitting Decision Flow ChartWetland-Stream Permitting Decision Flow Chart

Identify Proposed Development Site

Perform Preliminary Site Evaluation for Wetlands, Streams and Buffers

Wetlands, Streams or Buffers Present? NoYes

Perform Wetland Delineation Begin Project

Determine Jurisdictional Status of Wetland Features

Prepare Site Plan(including location of streams and wetlands)

Will Site Plan Cause Impacts? NoYes

© BSC Group 2007

When Do I Need a Permit?When Do I Need a Permit?

Before you impact any jurisdictional “Waters of the U.S.,” including:– Rivers & Streams– Lakes & Ponds– Wetlands

MarshesSwampsWet MeadowsFloodplains

© BSC Group 2007

When Do I Need a Permit? (cont’d)When Do I Need a Permit? (cont’d)

Before you impact any NC jurisdictional areas, including:– Isolated wetlands– Buffered area around

perennial streams– Buffered area around

intermittent streams

© BSC Group 2007

What is an Impact?What is an Impact?

ACOE Definition: “Any disturbance to the soil or substrate (bottom material)

of a wetland or waterbody, including a stream bed, is an impact and may adversely affect the hydrology of an area.”

A permit is required for permanent or temporary work– Examples of temporary discharges:

temporary fills for access roadways, cofferdams, storage and work areas.

© BSC Group 2007

What Does “Buffered” Mean?What Does “Buffered” Mean?NCDWQ Definition:“A natural or vegetated area through which stormwater runoff

flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the

runoff and filtering of pollutants.”

© BSC Group 2007

What Does “Buffered” Mean? (cont’d)What Does “Buffered” Mean? (cont’d)

North Carolina has established 50-foot buffer zones on:– Neuse River Basin– Tar-Pamlico River Basin– Catawba River Basin

Main Stem and Main Stem Lakes Only

– Water Supply WatershedsRandleman Lake Upper Cape Fear (up for public review)

Local Municipalities may have additional buffer regulationsConsult a Professional

© BSC Group 2007

What Does “Buffered” Mean? (cont’d)What Does “Buffered” Mean? (cont’d)

Buffered features are only those that appear on the most recent versions of a USGS Topographic Map or NRCS Soil SurveyIf the feature is on one or both of the maps, but an on-site determination shows that surface waters are not present, then buffer rules do not apply

Example: Neuse River Buffer Zones

Image Credit: NCDWQ

© BSC Group 2007

Do I need a Buffer Permit? Do I need a Buffer Permit? Apply for a buffer authorization (permit) on the Pre-construction Notification (PCN)

If the proposed activity is prohibited for that River basin:

– Complete a Major Variance form for impacts in Zone 1 Complete a Minor Variance form for impacts in Zone 2

Some activities do not require notification– For example: A road crossing in the Neuse Basin

that is less than 40 (linear) feet does not require a permit

© BSC Group 2007

Wetland-Stream Permitting Decision Flow ChartWetland-Stream Permitting Decision Flow Chart

Will Site Plan Cause Impacts

NoYes

Do Impacts Exceed404/401 PermitThresholds? NoYes

Begin Project

© BSC Group 2007

Can I impact NC wetlands and/or streams without filing for permits? Can I impact NC wetlands and/or streams without filing for permits?

Yes, you may only impact isolated wetlands* (waters which have no visible surface water connection to downstream jurisdictionalwaters) if you meet the following minimum thresholds:

“Courtesy copy” of PCN suggested if size/quality of feature is in question.

CANNOT impact any other waters without a permit.*per State General Permit #IWGP100000

<1/3 acre east of I-95<1/10 acre west of I-95

Isolated Wetlands

<1/3 acreIsolated Lakes and Ponds

<150 linear feetIsolated Streams

© BSC Group 2007

Isolated Wetland Permit RequirementsIsolated Wetland Permit RequirementsPCN is required for projects impacting:

>1 acreIsolated Lakes and Ponds & Isolated Wetlands

>250 linear feetIsolated Streams

>1/3 acre east of I-95>1/10 acre west of I-95

Isolated Wetlands

>1/3 acreIsolated Lakes and Ponds

>150 linear feetIsolated Streams

State issued IPs are required for projects impacting:

© BSC Group 2007

Wetlands and/or Streams will be Impacted… What type of permits do I need?Wetlands and/or Streams will be Impacted… What type of permits do I need?

404/401 Permits– 401 Water Quality

Certification

– Nationwide Permit

– Individual Permit

– Regional General Permit

© BSC Group 2007

Section 404/401 of the Clean Water ActSection 404/401 of the Clean Water ActSection 404 of Federal Clean Water Act– EPA delegated regulatory authority to ACOE– If wetlands are not considered wetlands by ACOE, EPA approval is

required– Dredge and Fill Permit; issued by ACOE

Section 401 of Federal Clean Water Act– Water Quality Certification (WQC); issued by NC DWQ

Section 404 and 401 go hand-in hand– NC DWQ must issue 401 WQC before ACOE

can grant 404 permit– Program administered by ACOE

© BSC Group 2007

401 Water Quality Certification401 Water Quality CertificationApplication for 401 WQC is a Pre-construction Notification (PCN)

Once a PCN and associated fees are received by the State, a 60-day review period takes place– $200 fee for less than 1 acre of wetland impact or

150 linear feet of stream– $475 fee for impacts greater than 1 acre of wetland

impact or 150 linear feet of stream– Express Permits = Additional Fees

© BSC Group 2007

Requirements for Permit SubmissionRequirements for Permit Submission

All permits must include plans to:

Step 1: Avoid Impacts– Design site to avoid activities

in wetlands and streams

© BSC Group 2007

Requirements for Permit Submission (cont’d)Requirements for Permit Submission (cont’d)

All permits must include plans to:

Step 2: Minimize (unavoidable) Impacts– Cross at narrowest points– Cross at right angles– Use retaining walls– Bore underneath– Cross bank-to-bank– No channel disturbance

© BSC Group 2007

Requirements for Permit Submission (cont’d)Requirements for Permit Submission (cont’d)

Step 2: Minimize (unavoidable) Impacts

Ugly Bad Good

No effort to minimize impacts

No attempt to cross at narrowest point

Crossing below the confluence Perpendicular

crossing

© BSC Group 2007

Requirements for Permit Submission (cont’d)Requirements for Permit Submission (cont’d)

All permits must include plans to:

Step 3: Mitigate for Unavoidable Impacts– Self-mitigation on or off site– State-managed mitigation

Mitigation Bank

© BSC Group 2007

What is Mitigation?What is Mitigation?

The practice of allowing unavoidable losses of wetlands (and streams) in exchange for their replacement elsewhere through restoration or through creation of new wetlands

– Applicant mitigationRestoreCreate (wetlands only)EnhancePreserve

– State managed mitigationNC Ecosystem Enhancement Program (EEP)